Timmins & Anor, R (On the Application Of) v Gelding Borough Council [2015] EWCA Civ 10 (22 January 2015)

Timmins & Anor, R (On the Application Of) v Gelding Borough Council [2015] EWCA Civ 10 (22 January 2015)

The creation of a cemetery by material change of use is not included in the closed lists of appropriate development in NPPF paragraphs 89 or 90 and is therefore inappropriate development in the Green Belt, requiring very special circumstances. The Council's error in treating the cemetery as appropriate was material...

Source-derived case information.

Citation
[2015] EWCA Civ 10
Parties
Claimant/respondent: Mrs Jean Timmins; Claimant/respondent: AW Lymn The Family Funeral Service Limited; Defendant/appellant: Gedling Borough Council; Interested Party/appellant: Westerleigh Group Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2015
Procedural Posture
Judicial Review (planning) / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeals dismissed
Legal Topics
Green Belt Policy, National Planning Policy Framework (nppf), Material Change of Use, Inappropriate Development, Judicial Review, Interpretation of Planning Policy
Planning Law Administrative Law Environmental Law Green Belt Policy National Planning Policy Framework (nppf) Material Change of Use Inappropriate Development Judicial Review +1 more

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Summary, issues, holding and outcome

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Parties

Mrs Jean Timmins

Claimant/respondent

AW Lymn The Family Funeral Service Limited

Claimant/respondent

Gedling Borough Council

Defendant/appellant

Westerleigh Group Limited

Interested Party/appellant

Procedural Posture

Judicial Review (planning) / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the creation of a cemetery is 'inappropriate development' in the Green Belt under the NPPF
  2. 2 Whether the Council's error in treating the cemetery as appropriate development was material and justified quashing the decision

Ratio Decidendi

The creation of a cemetery by material change of use is not included in the closed lists of appropriate development in NPPF paragraphs 89 or 90 and is therefore inappropriate development in the Green Belt, requiring very special circumstances. The Council's error in treating the cemetery as appropriate was material and justified quashing the decision.

Court Disposition

Appeals dismissed

Orders

  • The appeals by Gedling Borough Council and Westerleigh Group Limited are dismissed.
  • The High Court order quashing the Council's planning decision stands.